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This question is for legal ease. I asked about this

This question is for legal...
This question is for legal ease.
I asked about this situation on 25 July, involving a dispute with a contractor. He placed a lean on my house on 30 June, which I learned about on 25 July. I heard nothing more until I was served with his statement of claim last Saturday (9 September). I notice that his statement is dated on 3 August. I really don't know why it took so long for his lawyer to serve this on me. I always thought the rule was "first you serve and then you file" but I guess not.I have to put in a statement of defence and I would appreciate your insight on how to go about this.I have already checked my accounts for dates I paid him and I can document what was done when, and what was left incomplete.
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Answered in 3 minutes by:
9/14/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 101,812
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 2 months ago
I am in Ontario. He is suing under the Construction Lien Act, RSO 1990, cc 30

Are you asking what to put in your statement of defence?

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Customer reply replied 2 months ago
what forms, etc. I believe I have to use form 18A (from Rules of Civil Procedure).I want to make a Statement of Defence and a counter claim.
I plan to state that the projects he started did not meet the bar of completion as he did not dispose of the materials that were removed, and he hadn't come anywhere near finishing the project he had just started (leaving the space completely unusable).There was no quote up front (my mistake - but frankly, more his - it is certainly an indication that he is not a contractor as he states he is, because even an incompetent contractor would have got something in place before commencing work).I didn't insist on one because he wasn't hired as a contractor. He was hired for pay-as-you-go general labour. He is now trying to charge me as a general contractor; he has pulled prices from a website that is intended to guide home owners on total project costs (including fixtures, materials, consumables, etc) when he did not provide them. I can easily show that what I have paid for similar projects, done better, is far less than what he is claiming. His bill is 6 to 8 times the market rate. It really is absurd.My feeling is that the court isn't going to want to hear a "he said she said" argument, they are only going to be interested in looking at the written and agreed contract. There wasn't one. Enough said.I willing just to let it go and move on. I honestly reviewed his bill and tried to see if I could squeeze out more cash to make it go away but I feel that he was already grossly overpaid. Since he is creating such a bloody time wasting exercise I feel I have no option but to make a counter claim:I advanced him some funds on the last day he worked. He admits this in his statement of claim that he received an advance from me, but has conveniently mis-stated the date he received it. I have my own bank records and can show he received in on the last day he was there. I would like to claim that back.The work he was doing was for the kitchen - my experience is that a straight removal and replacement of cabinets plus new tiled floor, which is what this was, takes a week to 10 days - and then you wait for the counter to arrive. His failure to show up when scheduled, his tardiness on days that he did show up, and his general incompetence caused the work to take a total of 5 weeks. The inconvenience was costly, and I would like to claim for that.I should note that the schedule was based on when he committed to be there. I didn't tell him when to be available. I just expected him to show up, prepared, when he said he would.I missed the real estate bubble of early this summer. All jobs put together could have been done in about 5 weeks total, and I had a total of 3 months to complete the work so there was a lot of wiggle room in the overall schedule when I started. The projects he did could have been done in a week to 10 days, but they took much longer. Indeed after he left, I got the house completed with a PART TIME worker in 115 hours the following 3 months. His buggering about set the schedule back enormously. I lost a LOT of money because of this.I will have to pay my real estate lawyer to organise placing a trust on the amount he is claiming, and that is obviously part of the costs.I realise I am not likely to get any of this back (apart from costs), but I really want to include these things anyway.

So for the statement of defence you list with paragraphs you agree with, the ones you have no knowledge about and then which ones you disagree with and then you tell your side of the story.

In the counterclaim you describe the parties, tell your side of the story and at the end ask for pre and post-judgment interest pursuant to the Courts of Justice Act, and your costs.

That is the correct form for the defence but you also use form 27A and it comes after the defence in the same document and you actually call your document STATEMENT OF DEFENCE AND COUNTERCLAIM.

Does that fully answer your questions?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
Just to be clear. He starts of with claims, numbered 1 through 4. The first is "breach of contract" when there was none.Then he has 19 numbered paragraphs his various allegations of material fact. I agree with some but not all. For the ones I disagree with, I either completely disagree or I disagree with some of the details. He has his sequence of events entirely wrong and I have various documents (bills from stores, photographs with dates, text messages, and bank withdrawals) that support the actual sequence of events.Do I just say I agree with 1, 2, and 4 (for example), and disagree with the rest and give my side of things in a new numbered list or do I have to write my version for each of his paragraphs using the same numbers he used?I do realise that this may sound like a dumb question.

It's not a dumb question.

You can answer each one that you want to after listing which you disagree with but you don't have to do so. Then you go on with all your own paragraphs so your full defence is put in the way you want it to go. You are not restricted by his set up or division of issues as this may not work well for you.

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Customer reply replied 2 months ago
I feel I should provide some documentation that supports my version of the sequence of events. Do I include these (by referring to them as schedules, and then fixing them after the completed form 27?Do I use both forms 18A AND 27A?

The documentation does not go with the pleadings. The pleadings outline the case. The documents are the evidence and they come later.

You use both forms but put them together and 27A follows directly after 18A.

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Customer reply replied 2 months ago
ok. I will start on them in the next day or so and send more questions if need be.Thank you

I will be here of course!

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